Item Description:
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Amd 1 to Cowley Lake Conservation Easement A10326129 with Rachel Development Inc for temporary ROW access
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Resolution:
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BE IT RESOLVED, that the County Administrator be authorized to negotiate Amendment 1 to Cowley Lake Conservation Easement A10326129 with Rachel Development Inc, temporarily expanding right-of-way allowances for the property owner’s construction of a public road and trails and access to stormwater infrastructure; and that following review and approval by the County Attorney’s Office, the Chair of the Board be authorized to sign the Amendment on behalf of Hennepin County.
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Background:
The Cowley Lake Conservation Easement (“easement”) was established in 2016 and covers 8.6 acres along the southern edge of Cowley Lake in Dayton, Minnesota (PID 2112023130004).
The easement terms allow for the development of the owner’s property located outside of the easement, including the construction of a 60-foot-wide public road and various unpaved trails within the easement. However, the easement terms do not specify how the road or trails are to be constructed, including allowances for temporary construction areas and later property restoration.
The property owner, Rachel Development Inc., is pursuing a residential development with 156 single-family units on parts of the property outside the easement. This will include the public road and unpaved trails allowed by the easement terms, in addition to stormwater infrastructure not contemplated by the easement.
Amendment 1 will add specificity and restoration plans to the easement terms, temporarily expand right-of-way allowances for road and trail construction, and allow the owner ongoing access to manage the planned stormwater infrastructure outside the easement. All temporary construction impacts will be restored to their pre-construction condition in consultation with county staff.
Current Request: This request is for authorization to negotiate Amendment 1 to Cowley Lake Conservation Easement A10326129, temporarily expanding right-of-way allowances for construction of a road and trails, and permitting the owner’s ongoing access to stormwater infrastructure.
Impact/Outcomes: Approval of this request allows for construction of a public road and trails and access to stormwater infrastructure while remaining consistent with the spirit and intent of the original easement terms. This easement serves as an example of how such tools can protect critical natural systems and meet climate action goals while also supporting housing and tax base development goals.
recommendation
Recommendation from County Administrator: Recommend Approval